Gradford v. Lignoski, et al.

Filing 4

ORDER to SHOW CAUSE Why Motion to Proceed In Forma Pauperis should not be Denied; Show Cause Response due within Twenty-One (21) Days signed by Magistrate Judge Jennifer L. Thurston on 6/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,
v.
LIGNOSKI, et al.,

Case No. 1:17-cv-00792-JLT (PC)
ORDER TO SHOW CAUSE WHY MOTION TO
PROCEED IN FORMA PAUPERIS SHOULD NOT
BE DENIED
(Doc. 2)

Defendants.

21-DAY DEADLINE

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Plaintiff filed a motion to proceed in forma pauperis along with this civil rights action

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pursuant to 42 U.S.C. ' 1983. However, it does not appear that Plaintiff meets the poverty

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requirements for his motion to be granted. Instead, Plaintiff’s motion indicates that he receives

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“SSI, $937.00 monthly, last received Dec. 1, 2016.” (Doc. 2, p. 1.) Further, the certificate from

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the authorized officer at the institution of his incarceration indicates that during the past six

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months the average monthly deposits to Plaintiff’s account was $302.45. (Id., p. 2.)

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Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114,

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116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I.

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DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “the same even-handed care must be

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employed to assure that federal funds are not squandered to underwrite, at public expense, either

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frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material

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part, to pull his own oar.” Doe v. Educ. Enrichment Sys., No. 15cv2628-MMA (MDD), 2015

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U.S. Dist. LEXIS 173063, *2 (S.D. Cal. Dec. 30, 2015) (citing Temple v. Ellerthorpe, 586 F.

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Supp. 848, 850 (D.R.I. 1984)). “[T]he court shall dismiss the case at any time if the court

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determines the allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). It appears that

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Plaintiff has had sufficient funds over the last several months to be required to pay the filing fee

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in full to proceed in this action.

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Accordingly, it the Court ORDERS that, within 21 days of the date of service of this

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order, Plaintiff must show cause why his in forma pauperis status should not be denied and this

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action dismissed without prejudice to refiling with prepayment of the filing fee; alternatively,

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Plaintiff may file a notice of voluntary dismissal.

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IT IS SO ORDERED.
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Dated:

June 12, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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